Board of Directors

“Open” vs “Executive Session” Meetings of an HOA’s Board of Directors Perhaps because homeowners associations are often viewed and characterized as private governments or quasi-public bodies, most meetings of the board of directors of a homeowners association are required to be open to attendance by the association’s members and state ...
Read More

8 Steps HOA Boards Can Take to Minimize the Risk of Fraud & Embezzlement Because they rely heavily on volunteer homeowners with varying background experience and limited time that is devoted to providing services as a director, Homeowners Associations are extremely vulnerable to financial damage as a result of criminal ...
Read More

8 Steps HOA Boards Can Take to Minimize the Risk of Fraud & Embezzlement Because they rely heavily on volunteer homeowners with varying background experience and limited time that is devoted to providing services as a director, Homeowners Associations are extremely vulnerable to financial damage as a result of criminal ...
Read More

Adopting and Enforcing Rules and Regulations The primary governing documents for a condominium, homeowners, or owners’ association (Association) are frequently thought of as the Declaration of Covenants, Conditions and Restrictions (CC&Rs), and the Association’s Bylaws. This content is for Subscribers. To continue reading, you must have a Subscription with HOA ...
Read More

An Effective Strategy for Dealing with "Out-of-Control" Board Members It is not uncommon for homeowners associations to have certain volunteer members that appear to have control over the entire operations of their homeowners association. This typically occurs when such members have been elected to the board of directors year after ...
Read More

Association Member Rights to Speak at Board of Director Meetings The rules pertaining to a homeowner association member’s rights to speak at meetings of the Association’s board of directors will be defined by the laws of the state where the association is located and the provisions contained in the association’s ...
Read More

Association Member's Attorney Properly Excluded from Board of Directors Meeting A California Fourth Appellate District Court ruled that a homeowners association properly excluded a member’s attorney from a meeting of the association’s board of directors. After the association’s board of directors refused to allow a member’s attorney to attend a ...
Read More

Association’s Protected by the “Business Judgment Rule” This case involved a dispute between a homeowner member of a property owners association (“Owner”) and the association (“Association”) over a decision by Association’s directors not to take legal action against another homeowner under the business judgment rule. The dispute was over alleged ...
Read More

Business Judgment Rule Protects Association This case involved a dispute between a homeowner member of a property owners association (“Owner”) and the association (“Association”) over a decision by Association’s directors not to take legal action against another homeowner under the business judgment rule. The dispute was over alleged improvements that ...
Read More

CA Ct. Says Protections of “Business Judgment Rule” Require Showing of Reasonable Diligence This case involved an action by a homeowners association (“Association”) against an individual homeowner and pertains to claims relating to actions that she took while serving as an officer and director of Association. Association alleged that the ...
Read More

California Court Clarifies “Business Judgment Rule” re Personal Liability of Directors by Lawrence Szabo, Esq. | Apr 3, 2014 Unpublished California Appellate Court decision (entered April 2, 2014): This case involved an action by an owner against the Association and individual members of the Association’s board of directors based on ...
Read More

Colorado Ct. Says HOA Can be Enjoined From Holding Special Board Meetings Without Proper Notice In this case, the owners of several separate interests within a common interest community sought injunctive relief from the court in an effort to enjoin the homeowners association from conducting special meetings of the board ...
Read More

Court Awards Owners Damages of $134,900 and $106,801 for Association’s Failure to Maintain Common Areas and Improper Governing of Association This case involved claims brought by two condominium owners (“Owners”) against their condominium association (“Association”) for damages and injunctive relief based on claims that Association: (i) failed to properly maintain ...
Read More

Court Defers to HOA Board on Owner's Right to Operate Winery within Community This case involved a dispute between a group of homeowners (“Plaintiffs”), their homeowners association (“Association”), individual members of Association’s board of directors (“Directors”), and other homeowners who were operating a vineyard on their property for the purpose ...
Read More

Court Rules Unilateral ARC Decision is Not Valid Declaration provided from the creation of an Architectural Review Committee (“ARC”) consisting of at least 3 members. If no committee was appointed by the Board, the Executive Board would perform all duties of the ARC. During period of Declarant control, the Declarant ...
Read More